FILED: April 14, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

TREVA LANSFORD,

Appellant - Cross-Respondent,

v.

GEORGETOWN MANOR, INC.,
an Oregon corporation,
dba Ethan Allen,

Respondent - Cross-Appellant.

0104-03797; A117930

Appeal from Circuit Court, Multnomah County.

Thomas Christ, Judge pro tempore.

On appellant's Petition for Reconsideration filed March 8, 2004, and respondent's Petition for Reconsideration filed March 10, 2004, and response to appellant's Petition for Reconsideration filed March 15, 2004.

Richard C. Busse and Busse & Hunt for appellant's petition.

Jeffrey P Chicoine and Newcomb, Sabin, Schwartz & Landsverk, LLP, for respondent's petition and response.

Before Landau, Presiding Judge, and Armstrong and Brewer, Judges.

ARMSTRONG, J.

Reconsideration allowed; former opinion modified and adhered to as modified.

ARMSTRONG, J.

Plaintiff and defendant both petition for reconsideration of our decision in Lansford v. Georgetown Manor, Inc., 192 Or App 261, 84 P3d 1105 (2004). We deny defendant's petition without further discussion. We grant plaintiff's petition and modify footnote one to read as follows:

"The summary judgment record does not establish that there is a factual issue about whether plaintiff had a substantial limitation on her ability to sleep or whether defendant perceived plaintiff as having such a limitation. We therefore reject plaintiff's assertions that she was a qualified individual with a disability or was regarded to be such an individual because of an actual or perceived limitation on her ability to sleep."

Reconsideration allowed; former opinion modified and adhered to as modified.


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